Google accused of illegal wiretapping in Gmail scans

Koh also dismissed Google’s argument that Gmail users consented to the interception and that non-Gmail users who communicated with Gmail users also knew that their messages could be read.

“Accepting Google’s theory of implied consent — that by merely sending e-mails to or receiving e-mails from a Gmail user, a non-Gmail user has consented to Google’s interception of such e-mails for any purposes — would eviscerate the rule against interception,” she wrote.